With no cap on class action liability, statutory damages of $500 per violation (up to $1,500 if willful), and each illegal call, text, or fax a separate violation, there has been an explosion of litigation under the Telephone Consumer Protection Act (TCPA). In fact, one trade association has reported that cases are up more than 700 percent compared with last year. And things are likely to get worse before they get better. New FCC rules that go into effect on October 16, 2013, will make it much harder to get the proper consent for most marketing calls.

In this webinar, we will provide an overview of the TCPA, FTC, and FCC regulations and declaratory rulings; key recent case law developments, including the recent decision of the Third Circuit on consent; current "hot button" issues giving rise to TCPA litigation; and tips and strategies for successfully defending individual and class action TCPA cases.

Topics

  • An overview of the TCPA and FTC and FCC regulations
  • Restrictions on calls and texts to cell phones
  • Restrictions on calls to landlines
  • Restrictions on faxes
  • Dialer equipment that does not fit the definition of an automated telephone dialer system
  • Hot button issues: existing business relationship, express consent, unanswered calls, wrong-person calls, caller ID messages, and more
  • Tips and strategies for successfully defending individual and class action TCPA cases
  • Effective compliance programs to avoid litigation

Program

12:00 PM - 1:00 PM ET | Webinar

Moderator

Alan S. Kaplinsky, Practice Leader
Consumer Financial Services Group

Presenters

Martin C. Bryce, Jr.
Consumer Financial Services Group

Mark J. Furletti
Consumer Financial Services Group

This program is open to Ballard Spahr clients and members of the financial services industry. There is no cost to attend. This program is not eligible for continuing education credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Lisa M. Prickril at prickrill@ballardspahr.com.

Program Contact

Lisa Prickril
prickrill@ballardspahr.com